The firm is pleased to announce publication of the article – “Copyright Law in the Age of Cloud Computing” – by Kelley C. Keller, Esq. and included in the February 2013 Issue of BusinessWoman Magazine. Cloud computing, a leading-edge technology allowing for storing and sharing data on centralized web-based servers rather than physical, has garnered significant attention in the intellectual property community owing to its unique position in relation to copyright. Due to the lack of contractual relationship between copyright owners and cloud service providers, copyright owners must rely on other methods to assert liability for infringement. The Digital Millennium Copyright Act (DMCA) allows for certain exemptions to infringement liability for providers, yet still leaves room for copyright owners to pursue compensation on the basis of vicarious or contributory infringement. Court rulings on infringement by cloud providers, uniquely, have favored defendants when no prior opportunities to remedy the infringement have been extended. The implication is that copyright owners must be diligent in assuring that their own works are not infringed upon, and seek relief through the DMCA’s notice and takedown system prior to litigation. Click Here for the BusinessWoman Magazine February 2013 Digital Issue. Please note the article begins on Page 9.
They’re at it again! In our recent series on trolling, we included two posts on patent trolling: One on litigation by patent assertion entities, a.k.a. patent trolls; one on overly broad patent claims. As indicated in these posts, these ne’er-do-well trolls are stifling innovation, clogging the courts, and abusing our intellectual property system. A report.. read more →
On June 11, 2013, Oz: The Great and Powerful, a Disney-produced prequel to The Wizard of Oz, comes out on DVD. One aspect of the Disney production that you may not have noticed, but was the focus of much internal scrutiny, is the distinctive green color. The L. Frank Baum novel, The Wizard of Oz, has.. read more →
On March 20, 2013, U.S. Register of Copyrights Maria Pallante testified on the copyright system before the House Judiciary Committee, the committee with jurisdiction over copyright and other intellectual property issues. About a month later, Committee Chairman Bob Goodlatte (R-VA) announced the start of a comprehensive review of the copyright system, likely to result in.. read more →
This past Saturday, the firm’s founder, Kelley C. Keller, Esq. appeared as a guest on Michael Parks’ weekly radio program, “Taking Care of Business,” on WHP 580. The appearance was Attorney Keller’s third of six she will be making this year. On the May 25 program, Attorney Keller gives a recap of the four main.. read more →
Tales of the Trolls: A Four-Part Series on Internet, Patent, and Copyright Trolling – Part 4: Copyright Trolls
In this series, we’ve covered Internet trolls, and patent trolls of several ilk. Now onto copyright trolls. Copyright trolls are similar to patent trolls, in that they are generally legal owners or rights managers of IP-protected material (in this case original creative expressions of ideas), though copyright trolls are sometimes representatives (e.g. law firms or.. read more →
Tales of the Trolls: A Four-Part Series on Internet, Patent, and Copyright Trolling – Part 3: More Patent Trolls: Broad Claims
Let’s pick up where we left off. Sometimes, the “patent troll” is actually the inventor, but the patent claims are extremely broad, allowing the “troll” to capitalize on the vagueness of the patent through litigation and/or exorbitant license fees in lieu of suit. This is the case in an example recently cited by Steve Forbes.. read more →
Tales of the Trolls: A Four-Part Series on Internet, Patent, and Copyright Trolling – Part 2: Patent Trolls
The second and most prominent new use of “troll” refers to entities wreaking havoc on our patent system. Though these are officially known as “patent assertion entities” or “patent monetization entities,” we commonly refer to them as “patent trolls.” Patent trolling is a predatory practice, whereby a person or business – the “troll” – will.. read more →
The Second Circuit Weighs In — Yes, Christian Louboutin, the Public’s Fascination with Your Red-Soled Shoes Wins the Day!
Six months ago, the Court of Appeals for the Second Circuit corrected what many believed to be a misguided decision by the district court in Christian Louboutin v. YSL. In its opinion reversing (in part) the lower court’s ruling, Circuit Judge José A. Cabranes held that Louboutin has a legally protectable trademark interest in red.. read more →
Tales of the Trolls: A Four-Part Series on Internet, Patent, and Copyright Trolling — Part 1: Internet Trolls
Harken back to your youth. Do you remember waiting with baited breath for your mom to read your favorite stories over and over again? Most of us, young and old, remember “The Three Billy Goats Gruff,” where a troll lives under a bridge and refuses to let anyone cross it, threatening to eat all who.. read more →
- 04 Mar 2013Central Penn Business Journal Announces the 25 Women of Influence for 2013The firm is pleased to announce that Kelley C. Keller, Esq. has been selected by the Central Penn Bu...
- 25 Feb 2013Interview with The Social Network ShowKelley C. Keller, Esq., was recently a guest on the The Social Network Show. In an interview with D...
- 01 Oct 2012Central Penn Business Journal Presents Forty Under 40 Class of 2012Kelley C. Keller, Esq. is honored to be named one of Central Penn Business Journal’s “Forty Under 40...